Jet Propulsion LaboratoryCalifornia Institute of Technology4800 Oak Grove DrivePasadena CA 91109-8099

Date: December 11, 2019

COMPANYCOMPANY ADDRESSCOMPANY ADDRESS

Attn: To Whom It May Concern

Subject: JPL Competitive Request for Proposal (RFP) No. WH-2671-1026465 for STUDIES IN SUPPORT OF NASA DESIGNATED OBSERVABLE ARCHITECTURES

Reference: Enclosures

The Jet Propulsion Laboratory (JPL) invites your organization to submit a written proposal in conformance with the instructions contained in this letter and its enclosures, which comprise the RFP for JPL’s acquisition of the subject effort. Small Businesses are encouraged to apply.

This RFP does not commit JPL or the Government of the United States to pay any costs incurred in submitting your proposal, making studies or designs for preparing the proposal, or in procuring or subcontracting for services or supplies related to the proposal.

Further, JPL has not yet received funding to support this acquisition and anticipates, but cannot guarantee, that funding will be forthcoming. This RFP is being issued at this time in order to maintain project schedule and to allow for timely award of a subcontract if the anticipated funding arrives in a timely fashion.

In an effort to maximize the number of concepts achievable within our funding profile, JPL intends to award each study subcontract with a total fixed price of no more than $400,000.00 annually, except Market Research on Enabling Technologies which will be awarded no more than $250,000.00 annually. As such, JPL may reject proposals exceeding $400,000.00 annually, or $250,000.00 for Market Research on Enabling Technologies, and would like to encourage proposers to propose a study that meets the Specimen Subcontract requirements and offers JPL the maximum benefit for total price. Proposers that are able show that they meet the requirements of the RFP for a lower cost may propose the lower total price, if the proposed study meets the Specimen Subcontract requirements and offers JPL the maximum benefit for the total price.

Provide the name of your cognizant Government Audit Agency (i.e., DCAA, etc.), if any, their phone number and point of contact, and any copy of a letter that indicates their approval of your organization’s direct and indirect rates. Submit your proposal by email only to the undersigned.

Please note that your proposal is due at JPL no later than 01/29/2020 3:00 PM Pacific Time.

As a convenience to JPL, you are requested to provide the undersigned, by no later than 01/06/2020, an e mail statement that you do or do not intend to submit a proposal.

Should you have any questions, please address them to the undersigned by phone or e mail.

Very truly yours,

William L HarperSubcontracts ManagerPhone No.: (818) 354-9355E-mail: William.L.Harper@jpl.nasa.gov

Enclosures: RFP consisting of:• Cover Sheet and Table of Contents• General Instructions• Technical/Management Instructions• Cost/Price Instructions• RFP Attachments

Specimen Contract consisting of:• Specimen Contract• Referenced GPs & AGPs • Subcontract Forms Set

JET PROPULSION LABORATORYCALIFORNIA INSTITUTE OF TECHNOLOGY

REQUEST FOR PROPOSALREQUEST FOR PROPOSAL NO.: WH-2671-1026465

FOR:

STUDIES IN SUPPORT OF NASA DESIGNATED OBSERVABLE ARCHITECTURES

PROPOSALS ARE TO BE RECEIVED AT JPL NO LATER THAN:

Date: 12/11/2019

Local Time: 3:00 p.m. PDT

COMMUNICATIONS IN REFERENCE TO THIS RFP

It is requested that any communication in reference to this RFP be in writing and directed to the attention of:

Name: William L Harper Mail Stop: 190-220Title: Subcontracts Manager Phone: (818) 354-9355

E-Mail William.L.Harper@jpl.nasa.gov

California Institute of TechnologyJet Propulsion Laboratory4800 Oak Grove DrivePasadena, CA 91109-8099

Date of Issuance: 12/11/2019

TABLE OF CONTENTS

RFP No.: WH-2671-1026465

1. REQUEST FOR PROPOSALPages

GENERAL INSTRUCTIONS.……………………………………………………………………. 11.0 GENERAL REQUIREMNTS/INFORMATION 2.0 LATE E-MAIL PROPOSALS 3.0 RESERVED 4.0 PROPOSAL FORMAT5.0 ORAL PROPOSAL PRESENTATION (OPP) INFORMATION6.0 SOURCE EVALUATION AND SELECTION PROCESS7.0 RESTRICTIVE MARKINGS 8.0 EXCEPTIONS/DECLINATIONS

TECHNICAL/MANAGEMENT PROPOSAL INSTRUCTIONS …………………………… 1.0 MANDATORY QUALIFICATION(s) 2.0 OPTION EVALUATION 3.0 TECHNICAL/MANAGEMENT PROPOSAL INSTRUCTIONS

PRICE INSTRUCTIONS …………………………………………………………………………. 1.0 PROPOSAL PRICING 2.0 RESERVED 3.0 SPECIAL TOOLING AND SPECIAL TEST EQUIPMENT 4.0 PROGRESS PAYMENTS 5.0 PROVISIONAL PARTIAL PAYMENTS 6.0 LETTER SUBCONTRACT OR SMALL START-UP SUBCONTRACT 7.0 SUPPLEMENTAL BUSINESS/COST INFORMATION

ATTACHMENTS TO THE SOLICITATION. See form JPL 2839 for a list of Attachments

This Section of this RFP consists of those forms and documents containing information applicable to this RFP. Group A Attachments must be completed and attached to your proposal. Group B Attachments consist of forms and documents for informational purposes only. Both A and B Attachments can be found through the electronic address identified below. Note that Group B Attachments are very important and may become requirements under the Subcontract.World Wide Web: https://www.jpl.nasa.gov/acquisition/terms-conditions

2. THE SPECIMEN SUBCONTRACT(s), Dated [12/11/2019]

RFP No. WH-2671-1026465

GENERAL INSTRUCTIONS(involving Oral Proposal Presentation of Technical/Management Proposal)

1.0 GENERAL REQUIREMENTS/INFORMATION AND NOTIFICATION OF ORAL PROPOSALS

The effort to be performed will be in accordance with the specimen subcontract; if you choose to submit more than one proposal for this effort, each proposal must be responsive to JPL’s requirements, independently complete and under separate cover. JPL reserves the right to retain all proposal information submitted in response to this RFP.

The technical/management areas of your proposal are to be presented in an Oral Proposal Presentation with PowerPoint slides and/or viewgraphs to be submitted to JPL per the requirements of Paragraphs 4.0 – 6.0 (summarized immediately below) of these General Instructions:

• Paragraph 4.0 – Proposal Format• Paragraph 5.0 – Oral Proposal Presentation• Paragraph 6.0 - Source Selection and Evaluation Process

Proposers shall participate in this RFP process with the express understanding that the California Institute of Technology (including its operating division, JPL) and the United States Government shall not pay any proposal preparation or other costs related to the submission of proposals or costs otherwise incurred by proposers in anticipation of a subcontract pursuant to this RFP. Proposers shall participate in this RFP process solely at their own risk and expense. JPL reserves the right to cancel this RFP and to reject any or all proposals.

1.1 Reserved

1.2 Reserved

1.3 Data

If the proposal contains data that are not to be disclosed for any purpose other than for proposal evaluation, you must place on the cover sheet of each proposal volume the following wording:

“Data contained in pages _____________ of this proposal furnished in connection with RFP WH-2671-1026465 shall not be used or disclosed, except for evaluation purposes, provided that if a subcontract is awarded to this offeror as a result of or in connection with the submission of this proposal, JPL and the Government shall have the right to use or disclose this data to the extent provided in the subcontract. This restriction does not limit JPL’s right to use or disclose any data obtained from another source without restriction.”

1.4 Requests for Clarification/RFP Addenda

During the proposal preparation period, all requests for clarification and/or additional information, must be submitted in writing or by e-mail to the Subcontracts Manager referenced by “Attention:” on the RFP cover page. When appropriate, responses to requests, as well as any JPL initiated changes, will be provided to any prospective proposer(s) as addenda to the RFP.

1.5 Compliance with Export Control Laws and Regulations

In the performance of this RFP, JPL may exchange information or other technology which may be subject to the export control laws and regulations of the United States, including the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120-130 and the Export Administration Act Regulations (EAR), 15 C.F.R. 730-774. All proposing parties agree to fully comply with all such laws and regulations while participating in this RFP process.

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RFP No. WH-2671-1026465

1.6 Proposals via E-Mail Only

Proposals are to be submitted only as an attachment(s) to an e-mail, and must: • Have a scanned signature or an e-signature. • Be limited to one or more of the following file formats:

• “.pdf” (preferred) • “.doc” or “.docx” for Word files, • “.xls” or “.xlsx” for Excel files• “.ppt” or “.pptx” for PowerPoint files.

• Not be an “.exe” or encrypted file or have multiple file extensions (e.g., doc.pdf). JPL IT Security system may reject multiple file extensions for suspected malicious content. • Be sent to the Subcontracts Manager referenced by “Attention:” on the RFP cover page. • BE 20MB OR LESS in total size for the entire e-mail (including all attachments, signatures, text contained in the body of the e-mail, company logos, etc.). If your email exceeds 20MB, the proposal must be sent in more than one e-mail. • If any spreadsheets exceed 8 ½ x 11” forward hard copies.

Notify the Subcontracts Manager referenced on the JPL RFP Cover Page if multiple e-mails are needed for a given volume of your proposal (e.g., technical/Management, Cost, or Past Performance [if any]).

If the submission of more than one e-mail is required, then ALL e-mails must be received by the time and date stated on the RFP cover sheet.

2.0 LATE E-MAIL PROPOSALS:

Any proposal, portion of a proposal, or unrequested proposal revision received at JPL after the date(s) and time(s) specified on the cover page of this RFP will not be considered for evaluation and award, except under any of the following circumstances:

2.1 It was received at the initial point of entry to the JPL infrastructure not later than 5:00 P.M. one working day prior to the date specified for receipt of proposals.

2.2 JPL determines that the proposal was late due solely to mishandling by JPL after receipt at JPL, provided that the timely receipt at JPL is evidenced by JPL records.

2.3 No acceptable proposal(s) are received as of the proposal due date(s) and time.

2.4 If any emergency or unanticipated event interrupts normal JPL operations so that proposals cannot be received by JPL by the date(s) and time(s) specified on the cover page of this RFP, and urgent JPL requirements preclude amendment of the solicitation closing date, the date(s) and time(s) specified for receipt of proposals will be extended to the same time of day specified in the solicitation on the first work day on which normal JPL operations resume.

3.0 RESERVED

4.0 PROPOSAL FORMAT

Please note that this RFP contains five (5) Specimen Subcontracts. You may submit a proposal for one (1) or more of the Specimen Subcontract Direct Observables (DO’s).

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RFP No. WH-2671-1026465

Each DO subcontract captures a different topic supporting the Decadal Survey effort. You must submit separate proposals for each effort. A common proposal for more than one will not be accepted. The following instructions apply to all 5 proposals.

Your proposal shall be submitted in the following parts by the dates specified on the RFP Title Page:

• (Oral) Part IA - Technical/Management proposal: addresses the RFP's Technical/Management Proposal Instruction’s evaluation criteria. Part I shall be presented in PowerPoint slides and/or viewgraphs at an Oral Proposal Presentation.

(Oral) Part IB – On the Reverse side of each power point presentation the vendor may add backup material ONLY for the slide being presented. The backup material must take no more space than the backside permits. Any font including graphs and diagrams can be included.

• (Written) Part II - Under separate cover, include a Cost/Price proposal: addresses the RFP’s Cost/Price Proposal Instructions.

• (Written) Part III - Past Performance proposal: addresses the RFP’s Past Performance Proposal Instructions

5.0 ORAL PROPOSAL PRESENTATION (OPP) INFORMATION

5.1 Prior to OPP (in the following order):

5.1.1 On or prior to the dates indicated on the RFP Title Page, per Paragraph 4.0, the proposer is to submit the OPP Slides.

5.1.2 Seven (7) calendar days prior to proposer’s OPP, JPL will notify each proposer of its date to present its OPP. JPL will determine the OPP dates. All presentations will be via Webex at both ends.

5.1.3 Three (3) working days before the scheduled date of the OPP, JPL may submit advance written questions concerning any parts of your proposal.

5.2 Day of OPP (in the following order):

5.2.1 OPP: Part I of proposal to be presented: (i) orally; and (ii) be based on the previously submitted PowerPoint/viewgraphs, which are to be shown in concert with the OPP. The time allotted for the OPP is 1 hour. . You may organize your presentation and allocate your time in any manner you see fit; keeping in mind, however, the relative weight of each evaluation criterion, specified in Volume I of the RFP, and your ability to cover the material submitted. You may address any advance questions anywhere in your power point presentation where it makes the most sense. Please advise JPL during the presentation that you are now answering a specific advance question before presenting.

5.2.1.1 JPL will formulate questions during the OPP to be asked by JPL during the communications of Paragraph 5.23 below. Although JPL will attempt to not interrupt the presenters during the OPP, if requested by JPL the proposer may offer additional verbal explanations of the PowerPoint slides/viewgraphs during the OPP.

5.2.1.2 The OPP shall address any JPL-submitted advanced questions as described above.

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5.2.2 JPL Caucus: After the OPP, JPL will caucus for up to two (2) hours which may result in subsequent communications pursuant to 5.2.3 below.

5.2.3 Communications: On the same day, or as otherwise directed by JPL, after the OPP of Paragraph 5.2.1, JPL may, at its discretion, conduct communications to clarify proposal ambiguities or other concerns/issues, such as perceived deficiencies, weaknesses and/or strengths, errors, omissions or mistakes in bid, assess proposed personnel and costs, or to clarify past performance information [if any], when deemed necessary.

5.2.4 The OPP and any communications will not be recorded by JPL or the presenter. Total Time for OPP, JPL caucus, and any communications is anticipated to not take over four (4) hours.

6.0 SOURCE EVALUATION AND SELECTION PROCESS

The basis of source selection is predicated on the below (JPL, at its discretion, may waive minor informalities and minor irregularities in proposals received).

6.1 Pre-OPP Determination of Non-Responsiveness

JPL intends to conduct a “Preliminary OPP evaluation based solely on the power point slides provided in advance without an oral presentation. This review will be in accordance with the Technical/Management criteria of this RFP and will be properly document to ensure a fair review is made. This review will be conducted by the Source Evaluation Team (SET) and will be subject to a debrief by any vendor who requests it. JPL will select the top three (3) proposals in each DO submission for Oral Presentations.

6.2 Source Selection Basis

Source selection shall be based on the OPP and the below list of required written material. The content, format and duration of the OPP and all written material shall be in accordance with the RFP’s instructions.

• Representations and certifications required in the RFP attachments • Supplementary written material which cannot be presented orally (such as drawings, resumes, charts, matrices) • Part II of Proposal – Cost/Price information • Part III (if required) - Past performance information

6.3 Proposal Evaluation

Proposals will be evaluated and scored according to the criteria described in the Technical/Management Proposal Instructions of the RFP. Although cost/price will not be scored, the proposed cost/price shall be a substantial factor in source selection but is approximately equal in importance to the combined technical and management areas. Source selection will be based on the responsive, responsible (within the meaning of Federal Acquisition Regulation, Subpart 9.1) proposer whose proposal is determined to represent the best value to JPL. The closer the proposers are in the qualitative (evaluated) technical and management areas, the more important cost/price can become. JPL may select a source whose qualitative merits are lower but whose lower cost/price is commensurate with providing the best overall “value.” Conversely, a source may be selected whose cost/price is higher, but its higher qualitative merits are commensurate with providing best overall “value.” The evaluation process after the communications of Paragraph 5.2.3 above is as follows:

7.0 RESTRICTIVE MARKINGS

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RFP No. WH-2671-1026465

7.1 JPL is a federally funded research and development center. JPL’s Prime Contract with NASA requires JPL to protect and preserve the Government’s technical data rights. The attached Specimen Subcontract may require the delivery of technical and/or confidential-proprietary data. The General Provisions require that: (1) subcontractor-owned (proprietary) technical data delivered to JPL be marked and provided as limited rights data, and (2) all such restrictive markings be proper. Limited rights data can be used by the Government and JPL in furtherance of Government contract obligations.

7.2 In your proposal, include a list of any technical and/or confidential-proprietary data that you expect to deliver to JPL in performance of the Specimen Subcontract that will be marked with restrictive markings per the General Provisions entitled “Rights in Data – General” and “Limitation on Restrictive Markings.”

8.0 EXCEPTIONS/DECLINATIONS

Any exceptions to either the RFP and/or Specimen Subcontract (including its exhibits), or a declination to provide Cost Instruction-requested rate information, may make your proposal unacceptable for evaluation. For each and every exception or declination you must provide a detailed explanation and associated full rationale; place in a special section of your proposal entitled “Exceptions/Declinations.”

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RFP No. WH-2671-1026465

TECHNICAL/MANAGEMENT PROPOSAL INSTRUCTIONS

Present and organize your proposal in accordance with the following:

1.0 MANDATORY QUALIFICATION(s)

1.1 Proposers must meet the following mandatory qualifications by time of Solicitation in order to be considered a qualified source and thereby eligible for award. Include how you meet these mandatory qualifications as a distinct section of your Technical/Management proposal.

1.1.1 Demonstrate a recent experience with a market analysis of the Aerospace Industries within the last 5 years as related to the “Designated Observing Systems” in this solicitation. Document your experience with specific examples of the solicitation and agency or commercial customer you supported with a survey.

2.0 OPTION EVALUATION

2.1 The Specimen Subcontract contains an Option Article. Both the basic Subcontract requirements and the Subcontract Option Article will be evaluated for source selection purposes as follows:

[x ] The cost/price estimate and probable cost/price realism thereof.[ x] Technical/Management merit (as determined by the below Part 3.0).

3.0 VOLUME I: TECHNICAL/MANAGEMENT PROPOSAL INSTRUCTIONS INSTRUCTIONS

JPL will evaluate Volume I of your proposal based on the information asked for in the below table and subsequent “Technical/Management Criteria and Factors,” in respect to the degree to which your proposal meets the requirements/needs of the Specimen Subcontract. The degree to which the requirements/needs are met may include any number of considerations, such as the suitability of the various areas of the technical/management approach(es), the level of understanding of the requirements, the extent of insight into the technical/management challenges and their solution(s), the effectiveness of management structure, the relevancy of corporate and/or personnel experience, etc., as is appropriate for each area of evaluation.

VOLUME I - TECHNICAL/MANAGEMENT EVALUATION CRITERIA AND ORGANIZATION

TECHNICAL/MANAGEMENT CRITERIA AND THEIR WEIGHTING

PROPOSAL ORGANIZATION

Criteria

Weighting

No.

of

Copies

Maximum Page Limit*(indicate “none” or “#”) *

Recom-mended Re-

quired

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RFP No. WH-2671-1026465

TECHNICAL/MANAGEMENT CRITERIA

Criterion 1: Evidence of Prior Work in the Subject Survey and Analysis Factor 1: Quantity of prior work, as

evidenced by number of surveys conducted, in the subject area

Factor 2: Methodology employed in prior survey and analyses work done in the subject area

Factor 3:Scope and complexity of instances of prior work presented

Factor 4: Quality of examples of deliverables from prior work

40 %

Criterion 2: Technical Qualifications of Organization Factor 1: Organization expertise as it relates

to the specimen subcontract Factor 2: Technical qualifications of Key

Personnel to be assigned to the work Past experience of the Key Personnel with

respect to the technical content of the subject survey and analysis.

30 %

Criterion 3: Work plan, Schedule, Issues & Mitigation Approach Factor 1: Approach used to identify and

engage survey targets Factor 2: Schedule and staffing realism Factor 3: Realism of mitigation approach for

potential issues, or impact assessment of unmitigated issues identified.

30 %

Total Score Possible:

1,000

*If “Page Limit” is checked: Any required page limitations included in an RFP shall be strictly enforced. A page is each face of a piece of paper containing substantive, evaluable information; page size: 8 ½” x 11”; any drawings/photos are included (foldouts will be considered 2 or more pages); single spacing minimum; font size not less than 10; all margins ½” or greater. If “Required” page limit, no pages beyond the number specified will be evaluated. Unless requested, mockups, models, samples, hardware, or software of any kind must not be furnished and will not be considered.

TECHNICAL/MANAGEMENT CRITERIA AND FACTORSAny factors listed below under the criteria are not weighted for evaluation and are not listed in any order of importance.

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RFP No. WH-2671-1026465

PRICE INSTRUCTIONS(Fixed Price RFPs)

This portion of the proposal instructions outlines the requirements to be followed in preparing the cost proposal.

If the fixed price specimen subcontract includes progress payments, at the beginning of your price proposal state if your accounting system is adequate for accumulating costs. If yes, provide one of the following:

• A DCAA accounting system certification • A third party accounting system certification • A letter from your accounting firm stating that the firm is aware of the adequacy of your accounting system for accumulating costs under cost-type subcontracts

1.0 PROPOSAL PRICING

Provide a total fixed price for the effort.

2.0 RESERVED

3.0 RESERVED

4.0 PROGRESS PAYMENTS

Progress payments will not be allowed under this Subcontract.

5.0 PROVISIONAL PARTIAL PAYMENTS

JPL will allow provisional partial payments on only those items so identified in Article 2 of the Specimen Subcontract. If you desire provisional partial payments your proposal must contain adequate detail to support the reasonableness of each payment proposed. CAUTION: Unbalanced pricing of the proposed partial payments schedule may result in JPL’s refusal to allow partial payments.Early completion and delivery is acceptable.

6.0 RESERVED

7.0 SUPPLEMENTAL BUSINESS/COST INFORMATION

7.1 Financial Statement/Responsibility

Submit a copy of your annual financial statements for the last three years and any information regarding additional resources required to perform the proposed effort.

Include a copy of a letter of credit from your bank, if available or applicable, showing how much credit was initially granted to you and how much is available.

Identify any third parties who may have security liens on your intellectual property, personal property, or general intangibles. Identify the nature of the liens and the source of the liens (e.g. court judgment, security agreement, factor agreement, etc.)

Demonstrate you have the financial resources to handle a subcontract of the dollar value anticipated.

7.2 Accounting Calendar.

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RFP No. WH-2671-1026465

The proposer will furnish its accounting calendar for each year in which work is anticipated.

7.3 Attachments

The Section of this RFP entitled “Attachments” consists of those forms and documents containing information applicable to this RFP. Group A Attachments must be completed and attached to your cost proposal. Group B Attachments consist of forms and documents for informational purposes. Note that the Group B Attachments are very important and may be required under the Subcontract.

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Attachments to the Solicitation(unless otherwise indicated, below forms are found at: http://www.jpl.nasa.gov/acquisition/terms-conditions/)

GROUP A – Complete and return as part of your quotation/proposal those marked with an “X”

Non-Construction and Construction Solicitation Types:

[X]A-1 Acknowledgement (Form JPL 2384-A1)

[X]A-2 Cost Accounting Standards (CAS) Notice and Certification (Form JPL 2455-A2)

[ ]A-3 Government Property (Form JPL 0544-A3)

[ ]A-4 Commercial Items or Services (Form JPL 2384-A4)

[ ]A-5 Acknowledgment of CREI/FPEI (Form JPL 2384-A5)

[ ]A-6 Notice of Small Business Set-Aside (Form JPL 4022-A6)

[ ]A-7 Notice of Small Business Set-Aside – Modified (Form JPL 4022-A7)

[ ]A-8 Acknowledgment of RSA Subcontract (Form JPL 2384-A8)

[X]A-14 Past Performance (Form JPL 0358-A14)

[ ]A-15 Cost Element Breakdown - Long Form (Form JPL 0549-A15)

[ ]A-16 Determination of Lowest Overall Price (Form JPL 0359-A16)

[X]A-19 Cost Elements Breakdown - Short Form (Form JPL 0549-A19)

[ ]A-20 Evidence of Adequacy of Accounting System (Form JPL 7370-A20)

[ ]A-21 Supplier Information Request (Form JPL 7255-A21)

Construction Solicitation Type Only:

[ ]A-30 Bid Form (Form JPL 3107-A30) NOTE: This Attachment is found in the Solicitation/Bid Package sent to you

[ ]A-31 Bid Bond (Form JPL 1825-A31)

[ ]A-32 Price Breakdown Form (no form no.)

[ ]A-33 Experience Modification Rate (EMR), Recordable Incident Rate, Lost Time Incident Rate (JPL 7245-A33)

GROUP B – Those marked with an “X” are for use in preparing your quotation/proposal:

Non-Construction and Construction Solicitation Types:

[ ]B-1 Waiver of Rights to Inventions (Form JPL 62-301-B1)

[ ]B-2 Summary Work Breakdown Structure (no Form number)

[ ]B-4 ° Instructions for Patent Agreement for Use in Support Service Subcontracts (Form JPL 2844-B4)

° Patent and Copyright Agreement (Form JPL 1929-B4)

[ ]B-5 Notice of Requirement of Pre-award On-Site Equal Opportunity Compliance Review (Form JPL 3553-B5)

[X]B-6 Subcontracting Plan Requirements

[ ]B-7 Security Requirement for a Classified Subcontract

JPL 2839, R 07/19

[ ]B-8 Notice of Reqs. for Affirmative Action to Ensure Equal Employment Oppt. (E.O. 11246) (Form JPL 2899-B8)

B-9 [ ]Notice to Prospective Subcontractors of Req. for an Environ. Audit of the Lease Facilities JPL 2896-B9)

[ ]Notice to Prospective Subcontractors of Req. for an Environ. Audit of the Lease Fac.- Alt. (JPL 2896-B9-ALT)

[X]B-10 Certificate of Current Cost or Pricing Data (Form JPL 2496-B10)

[ ]B-11 Stds of Conduct & Proc. for Handling Subcontr. Personnel Problems, Discipline, & Separation (JPL 4412)

[ ]B-12 Unescorted Access - Subcontractor Badging Instructions and Reqs (during time of solicitation) (7394-B12)

[X]B-13 Claims for Exceptions to Cost or Pricing Data (Form JPL 2703-B13)

[ ]B-17 JPL Subcontractor Environmental, Safety, and Health Plan Requirements (Form JPL 2885)

[ ]B-18 Experience Modification Rate (EMR) / Recordable Incident Rate / Lost Time Incident Rate (JPL 7245-B18)

[ ]B-19 Additional General Provision (AGP) “Safety and Health” (If applicable, plan required before award); see AGP Set.

Construction Solicitation Type Only:[ ]B-31 Notice to Offerors (Form JPL 2843-B31)

[ ]B-32 Payment Bond (Form JPL 1826-B32)

[ ]B-33 Performance Bond (Form JPL 1827-B33)

[ ]B-34 Notice of Award (letter) (Form JPL 0141-B34)

[ ]B-35 Notice to Proceed (Form JPL 0474-B35)

JPL 2839, R 07/19

Acknowledgement(RFP Attachment A-1)

(This completed acknowledgement must accompany your offer)

Offeror Identification/Point of Contact

1. Offeror name:      

Note: Include the full name of the firm (not just any operating division) that would be required by you to appear on a subcontract, if one were to be awarded to your firm.

2. Name and telephone number of persons authorized to conduct negotiations:

Name:       Phone Number:      Name:       Phone Number:      

Offeror Information

3. Please indicate your Business Classification and Organization Type:

Business Classification

(check all appropriate boxes in the left OR right column)

Large Business

Nonprofit Organization

Foreign Business/Institution

Government

Educational Institution

Historically Black Colleges & Universities/Other Minority Institutions (HBCU/MI)

Small Business (SB)

(plus any of the below, if appropriate)

Small Disadvantaged Business (SDB)

Woman-Owned (WOSB)

HUBZone (HUB)

Veteran-Owned (VOSB)

Service-Disabled VO (SDVOSB)

Organization Type

(check the appropriate type)

Individual/Sole proprietor, under the laws of the State of _____________________.

Partnership, under the laws of the State of _____________________.

1 of 4 JPL 2384-A1, 9/16

Corporation; incorporated under the laws of the State of ___________________.

Non-profit

Government

Tax Exempt payee

Limited Liability Company (LLC) --- If “LLC” is checked, you must also select one of the following tax classifications:

D=disregarded C=corporation P=partnership

Offeror Income Tax Information

4. To comply with CA Revenue and Taxation Code 18662 and CA Franchise Tax Board FTB Publ. 1023, and Internal Revenue Code 1441, JPL must determine if any tax reporting and tax withholding requirements are applicable. See “Notice of Potential Tax Withholding” in the “Subcontracts Form Set” located at: http://www.jpl.nasa.gov/acquisition/terms-conditions/for additional information.

Type(s) of Proposed Items (please check all that apply):

Goods (commercial off-the-shelf items, no customization)

Customized Goods (goods made or modified for JPL use)

Services (R&D, consulting, contract labor, training services, etc.)

Rents/Leases (tangible or real property)

Royalty/Software

If ONLY the “Goods” box is checked in the above “Type(s) of Proposed Items,” skip the “Offeror Information” and “Source of Income” questions below and proceed to

Paragraph 5.

Offeror Information

(A) Is the payee a non-U.S. Resident (i.e., foreign) individual or supplier? Yes No

(B) Is the payee a non-California resident individual or supplier? Yes No

(C) Has the legal name of your organization changed, or the Taxpayer ID changed, or the organization type changed since your last order/subcontract with JPL?

Yes No

Source of Income2 of 4 JPL 2384-A1, 9/16

(D) Is the purchase for U.S. sourced income payment? (U.S. sourced income exists if the location of any labor performed or rental/lease of property or use of software is in the U.S.)

Yes No

(E) Is the purchase for State of California sourced income payment? (CA sourced income exists if the location of any labor performed or rental/lease of property or use of software is in the State of California)

Yes No

Terms and Conditions

5. The Offeror acknowledges that the offer will be valid for      days after the date for receipt of offers specified on the cover page of this solicitation.

6. Your submittal of a proposal or quotation certifies your compliance with the requirements specified in form JPL 2892, “Certifications,” attached to the General Provisions.

7. Can you supply the requested items through a Federal Supply Schedule (GSA) Contract? Yes If yes, list FSS (GSA) Contract No.:      ; skip No. 8. No If no, complete the remainder of this form.

8. The Offeror acknowledges does not acknowledge the following are acceptable with no modifications, additions, or deletions in case of subcontract award: the Specimen Subcontract and its: Schedule/Articles, any exhibits and attachments, General Provisions (GPs) Set*, Additional General Provisions (AGPs) Set* (if applicable), and Subcontract Forms Set.* (*can be found at: http://www.jpl.nasa.gov/acquisition/terms-conditions/

Note: Many of the GPs and AGPs cannot be altered without NASA approval. If you answer “does not acknowledge” above, attach a detailed explanation of the exception(s), including a thorough rationale for each exception.

Buy American Act

9. Preference will be given to United States (U.S.) domestic end products under the Buy American Act (BAA) for those items to be used in the U.S.

The Offeror certifies that each end product/service to be supplied is domestic, as defined in the BAA, except for those which the Offeror has listed, with country of origin shown, on a separate attachment to this Acknowledgment and that components of unknown origin were considered by the Offeror to have been mined, produced, or manufactured outside the U.S. The Offeror also certifies whether the offeror qualifies for any special treatment as a signator to any international agreements, such as designated country status under the Trade Agreements Act.

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10. Name, address, phone number of cognizant Government Audit Agency representative:

Name:      Address:      Phone:      

11. (A) Audit Reports. The Offeror agrees that all Government audit reports directly related to its offer(s) and subcontract, if any, resulting from this solicitation are authorized to be released to JPL. Yes No

(B) Is your organization a State or Local Government or Nonprofit Organization subject to Uniform Guidance 2 CFR200? Yes No

If yes, the “year ending” date of the most recent report is:       (Attach a copy of the most recent report, unless previously submitted to JPL).

12. All prospective procurements (excluding construction) with an estimated contract value of $10,000,000 or more require that a determination be made by the Department of Labor (DOL) regarding a prospective domestic subcontractor’s Equal Employment Opportunity (EEO) status. A determination that the Offeror is either in compliance or is able to comply with EEO laws is a prerequisite to the Offeror’s eligibility for award.

If the offer is for $10,000,000 or more, the Offeror acknowledges that it has has not successfully survived an EEO survey within two years of the anticipated award date. (If the “has” box is checked, a copy of the EEO Clearance should be included with the offer).

Earned Value Management (EVM)

13. Does your organization have a validated earned value management (EVM) system? Yes No

If yes, validation certified by:

Government Agency name:      

Self-Certified

Dollar threshold at which your organization’s internal policy requires EVM:      

Offeror Certification

I, the undersigned, hereby declare that I am a duly authorized representative of the organization below, and I can certify and commit the organization regarding the information on this form, including the total offer amount submitted in response to RFQ/RFP No.      .

Further, the Offeror acknowledges receiving the following Addenda No(s). to the RFQ/RFP:      

Note: Failure to acknowledge receipt of all Addenda may result in your offer being rejected.

Organization:      

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Note: Insert legal name of the organization, not operating division. Such legal name is the name used on income tax filings.

Authorized Signature: ____________________________ Date: __________________

Type/Print Name: _______________________________ Phone: _________________

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Cost Accounting Standards (CAS)Notice and Certification

(RFP Attachment A-2)

This notice does not apply to small businesses or foreign governments. This notice is in four (4) parts. Offerors must examine each part and provide the requested information to determine Cost Accounting Standards (CAS) requirements applicable to this RFP. If the offeror is an educational institution, Part 2 does not apply unless the contemplated Subcontract will be subject to full or modified CAS coverage per 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

1.0 Disclosure Statement – Cost Accounting Practices and Certification

1.1 For any given Subcontract, any contractual action (basic or modification) which first exceeds $2,000,000 and results from this solicitation, except Subcontracts in which the price negotiated is based on (i) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (ii) prices set by law or regulation, will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those Subcontracts which are exempt as specified in 48 CFR, Subpart 9903.201-1.

1.2 Any offeror submitting a proposal which, if accepted, will result in a Subcontract subject to the requirements of 48 CFR Chapter 99 must, as a condition of subcontracting, submit a Disclosure Statement as required by 48 CFR, Subpart 9903.202. The Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation, unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph 1.3 of Section 1 of this notice.

CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting Subcontract performance cost data.

1.3 Check the appropriate box below:

1.3.1 Certificate of Concurrent Submission of Disclosure Statement.

1.3.1.1 The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

1.3.1.1.1 Original and one copy to the cognizant Administrative Contracting Officer (ACO) or

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cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

1.3.1.1.2 One copy to the cognizant Federal auditor.

NOTE: Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the FAR.)

Date of disclosure statement:      

Full name, address and telephone number of the cognizant ACO or Federal Official where filed:

     

1.3.1.2 The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

1.3.2 Certificate of Previously Submitted Disclosure Statement.

1.3.2.1 The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of disclosure statement:      

Name and address of cognizant ACO or Federal Official where filed:

     

1.3.2.2 The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

2.0 CAS – Eligibility for Modified Subcontract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror will indicate by checking the box below. Checking the box below means that the resulting Subcontract is subject to the “Disclosure and Consistency of Cost Accounting Practices” Additional General Provision in lieu of the “Cost Accounting Standards” General Provision.

CAUTION: An offeror may not claim eligibility for modified Subcontract coverage if this proposal is expected to result in the award of a CAS-covered Subcontract of $50,000,000 or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50,000,000 or more.

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2.1 The offeror hereby claims an exemption from the “Cost Accounting Standards” clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the “Disclosure and Consistency of Cost Accounting Practices” Additional General Provision because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50,000,000 in awards of CAS-covered prime contracts and subcontracts

2.2 The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the JPL Subcontracts Manager immediately.

3.0 Exemption from CAS

3.1 Certificate of Monetary Exemption.

3.1.1 The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $50,000,000 in the cost accounting period immediately preceding the period in which this proposal was submitted.

3.1.2 The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the JPL Subcontracts Manager immediately.

3.2 Certificate of Interim Exemption.

CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50,000,000 or more in the current cost accounting period may not claim this exemption. Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

3.2.1 The offeror hereby certifies that:

3.2.1.1 The offeror first exceeded the monetary exemption for disclosure, as defined in Section 2, subparagraph 2.1 above, in the cost accounting period immediately preceding the period in which this offer was submitted; and

3.2.1.2 In accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement.

3.2.2 In accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the JPL Subcontracts Manager, in the form specified under Section 1, subparagraph 1.3.1 or Section 1, subparagraph 1.3.2 above,

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as appropriate, to verify submission of a completed Disclosure Statement.

4.0 Additional CAS Applicable to Existing Subcontracts

The offeror will indicate below whether award of the contemplated subcontract would, in accordance with subparagraph (a)(3) of the “Cost Accounting Standards” (FAR 52.230-2) as referenced in the Subcontract’s General Provisions, require a change in established cost accounting practices affecting existing subcontracts and lower-tier subcontracts.

Yes No RFP No:       Dated:      

Subcontractor Name: ________________________________________________________

Address: ________________________________________________________

Authorized Signature: __________________________ Date: ________________________

Type/Print Name: _______________________________________________________

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Past Performance(RFP/ITB Attachment A-14)

Introduction

1. This Attachment sets forth the requirements to be followed in preparing information on your Past Performance. The information provided will be used to help determine responsibility and must be provided in writing by the date indicated in the RFP.

Please provide the Past Performance Volume of your proposal in the same number of copies as your Cost Proposal, unless otherwise indicated by JPL in the RFP Cover Letter.

If the Technical/Management part of your proposal is to be presented via an Oral Presentation, then the written Past Performance Volume of your proposal is due by the date indicated on the RFP Title Sheet.

Requirement

2. Provide a synopsis of the five most recent contracts performed by your organization which are similar to the effort described in this RFP.

3. If this RFP contains an evaluation criterion or factor entitled “related experience,” please include a synopsis of ALL the efforts you listed in response to that criterion or factor. These synopses must include the following information: Customer Name/Address Subcontract No. Subcontract Type Period of Performance Task or Support Type Average No. of Personnel Assigned to Effort Initial Cost/Price Current/Final Cost/Price Overrun (if any, explain) Description of Effort Current Contract and Technical Persons

o Telephone Nos.o Emails

What is/was your functional relation to the subcontract effort?

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RFP Attachment A-19Cost Elements Breakdown – Short Form

Cost Element Hours, Rates, ExtensionHours Rate Extension

Direct Labor (by labor category)$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $

Total Labor Costs: $

Overhead

Base% $% $

Total Overhead Costs: $Other Direct Costs (provide a separate attachment explaining ODC items)

MaterialMaterial Burden % $Lower-Tier Subcontract(s)Lower-Tier Subcontract(s) Burden % $Travel $Misc. $

Total ODC Costs: $

Total Costs Thru ODC: $

General & AdministrativeBase

% $% $

Total G&A: $

Total Cost, Profit/Fee, and Total PriceTotal Costs Thru G&A: $

Profit/Fee: % $TOTAL PRICE: $

JPL 0549-A19, 1/16

JPL 0549-A19, 1/16

Subcontracting Plan Requirements(RFP/ITB Attachment B-6)

General

1. By submitting an offer or bid in response to this solicitation, the offeror (unless it is a small business concern) acknowledges that it is aware of the requirements in this provision to submit (if the proposed work offers subcontracting possibilities) a subcontracting plan to include the elements set forth in the provision below entitled "Small Business Subcontracting Plan," consistent with the terms and value of the subcontract to be awarded, if any.

2. The offeror further acknowledges that it is aware that failure of the selected offeror to comply in good faith with the “Small Business Subcontracting Plan,” required to be submitted for any resultant subcontract, shall be a material breach of the subcontract.

Requirements for Proposals

Offerors/bidders which are not small businesses are to provide preliminary subcontracting plans with proposals over $650,000 ($1,500,000 for construction work), unless there are no subcontracting opportunities.

Requirements for a Comprehensive Subcontract Plan

Within the time specified by the JPL Subcontracts Manager, the selected Subcontractor(s) shall submit to the JPL Subcontracts Manager a comprehensive subcontracting plan in accordance with the provision below entitled "Small Business Subcontracting Plan."

SMALL BUSINESS SUBCONTRACTING PLAN(ref.: FAR 52.219-9, April 2008)

(a) This provision does not apply to small business concerns.

(b) The offeror, upon request by the JPL Subcontracts Manager, shall submit and negotiate a subcontracting plan (“Plan”), where applicable, which separately addresses subcontracting with Small Business (SB) concerns; Small Disadvantaged Business (SDB) concerns; Women-Owned Small Business (WOSB) concerns; HUBZone (HUB) Business concerns; Veteran-Owned Small Business (VOSB) concerns; Service-Disabled Veteran-Owned Small Business (SDVOB) concerns; and Historically Black Colleges and Universities and Minority Instiutions (HBCU/MI). The Plan must also have a separate part for the basic subcontract and separate parts for each option (if any). The Plan shall be deemed to be included as a part of any resultant subcontract. The Plan shall be negotiated within the time specified by the JPL Subcontracts Manager.

(c) The offeror’s Plan shall include the subcontracting plan requirements set forth in FAR 52.219-9 (April 2008), except as stated here.

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(d) Consistent with efficient subcontract performance, the Subcontractor shall provide adequate and timely consideration of the potential inclusion of Small Business (SB) concerns; Small Disadvantaged Business (SDB) concerns; Women-Owned Small Business (WOSB) concerns; HUBZone (HUB) Business concerns; Veteran-Owned Small Business (VOSB) concerns; Service-Disabled Veteran-Owned Small Business (SDVOB) concerns; and Historically Black Colleges and Universities and Minority Instiutions (HBCU/MI) concerns in its “make or buy” decisions.

(e) Prior compliance of the offeror, with other such Plans under previous subcontracts, may be considered by the JPL Subcontracts Manager in determining the responsibility of the offeror for award of the subcontract.

(f) The failure of the Subcontractor to comply in good faith with (i) the Article of the JPL General Provisions entitled “Utilization of Small Business Concerns,” or (ii) an approved plan required by this Provision and the Article of the JPL General Provisions entitled “Small Business Subcontracting Plan” shall be a material breach of the subcontract.

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Certificate of Current Cost or Pricing Data(RFP Attachment B-10)

This is to certify that, to the best of my knowledge and belief, cost or pricing data, as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4, submitted, either actually or by specific identification in writing, to the California Institute of Technology (JPL) in support of (*)      are accurate, complete, and current as of      .(**)

This certification includes the cost or pricing data supporting any advance agreement(s) and forward pricing rate agreements between the Offeror and the Government that are part of the proposal.

Subcontractor Name:

Authorized Signature: Date:***

Type/Print Name:

(*) Identify the proposal, quotation, request for price adjustment, or other submission involved, giving appropriate identifying number (e.g., Proposal No. _________________, dated _____________).

(**) This date shall be the day, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

JPL 2496-B10, 3/14

(***) Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the Subcontract price was agreed to.

JPL 2496-B10, 3/14

Claims for Exceptions to Cost or Pricing Data(RFP Attachment B-13)

(This information is applicable if either the basic Subcontract or any modification exceeds $2M)

Subcontractor Cost or Pricing Data

1.0 Whenever the negotiated price of the basic Subcontract, or the negotiated price of any change or other modification to this Subcontract, is expected to exceed $2,000,000, the Subcontractor agrees to furnish the Institute certified cost or pricing data, unless a waiver applies or a determination is made that an exception applies (the price is based on adequate price competition, prices set by law or regulation, or the Subcontract is for a commercial item). Whenever certified cost or pricing data are required, the Subcontractor agrees to furnish the data in the format requested by JPL or if JPL does not so specify, per Table 15-2 of FAR 15.408 and agrees to submit the JPL certificate form JPL 2496 or equivalent as soon as practicable after agreement on price but before award.

2.0 Exceptions to Cost or Pricing Data.

2.1 Basic Subcontracts and Modifications

2.1.1 Basic Subcontracts. In lieu of submitting cost or pricing data for the basic Subcontract, offerors may submit a written request for exception by submitting the information described under paragraph 2.2, below.

2.1.2 Subcontract Modifications. In lieu of submitting cost or pricing data for modifications under this Subcontract, for price adjustments expected to exceed $2,000,000 on the date of the agreement on price or the date of the award, whichever is later, the Subcontractor may submit a written request for exception by submitting the information described under paragraph 2.2, below.

2.1.3 JPL may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

2.2 The relevant part of the following information is to be submitted when requesting an exception:

2.2.1 Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

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2.2.2 For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include:

2.2.2.1 For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

2.2.2.2 For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

2.2.2.3 For items included on an active Federal Supply Service Multiple Award Schedule or any other Federal Government contract, proof that an exception has been granted for the schedule item.

2.2.3 Information on Modifications of Contracts or Subcontracts for Commercial Items. If (i) the original Contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition, or prices set by law or regulation, or was a contract or subcontract for a commercial item; and (ii) the modification (to the Contract or subcontract) is not exempted based on one of these exceptions, then the Subcontractor may provide information to establish that the modification would not change the Contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

2.3 The Offeror/Subcontractor grants JPL or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the

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Offeror’s/Subcontractor’s determination of the prices to be offered in the catalog or marketplace.

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